The Delhi High Court has ruled that banning or restricting children’s access to social media is a policy decision for the government to make. The division bench of Justices V Kameswar Rao and Manmeet Pritam Singh Arora disposed of a public interest litigation (PIL) on August 20 that sought restrictions to curb Child Sexual Abuse Material (CSAM) and protect children online, according to medianama.com.
The PIL was filed by Kirti Dua, mother of a three-year-old, and paediatrician Dr Sharad Gupta, who argued that unchecked exposure to explicit content violates children’s rights under Articles 21 and 39(f) of the Constitution. The court directed the government to consult stakeholders, including social media intermediaries, but did not set a timeline for action. Senior Advocate Arvind Datar, representing Meta, highlighted that Facebook and Instagram have proactive CSAM detection rates of 99.5% and 95.2%, respectively.
The ruling underscores the government’s responsibility to formulate binding legislation on children’s social media access, as current measures outlined in the 2025-26 Economic Survey on digital addiction are voluntary. The court’s decision follows public discussions and roundtables held earlier this year in Bengaluru and Delhi, where parents and experts debated age verification and online safety for minors. This case adds to ongoing debates on regulating digital platforms to protect vulnerable users in India.
The Delhi High Court’s judgment on August 20 leaves the question of imposing a children’s social media ban to the government’s discretion, emphasizing the need for stakeholder consultation. The next steps depend on government policy decisions and potential legislative action to address child protection online.